Karnataka High Court
Sri Shridhar Das vs Smt Nalinakshi @ Meenakshi on 27 February, 2015
Author: S.Abdul Nazeer
Bench: S. Abdul Nazeer
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY 2015
BEFORE
THE HON'BLE MR.JUSTICE S. ABDUL NAZEER
WRIT PETITION NO.53863/2014 (GM-FC)
Between:
Sri Shridhar Das,
Aged about 46 years,
S/o Chandappa Das,
R/a Matada Mane,
Nerlekatte Post and Village,
Bantwal 574 217. ..... Petitioner.
(By Sri S. Vishwajith Shetty, Adv.)
And:
Smt.Nalinakshi @ Meenakshi,
Aged about 40 years,
W/o Shridhar Das,
Now r/a Das Compound,
Mannagudda, Mangalore,
Permanent address No.4-113/2B,
Balthila Village, Kalladka Post,
Bantwal Taluk 574 217. .... Respondent.
(By Sri G. Ravishankar Shastry, Adv.)
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2
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order at
Annexure 'A' dated 22.7.2014 in Crl.Misc.No.35/2014 ont eh
file of the Family Judge, Dakshina Kannada, Mangalore, etc.
This Writ Petition coming on for Orders this day, the
Court passed the following:
ORDER
The respondent filed a petition against the petitioner in M.C.No.33/2011 before the JMFC III Court, Mangalore, D.K., under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act'). In the said case, an order at Annexure 'A' dated 22.7.2014 came to be passed granting certain monetary reliefs to the respondent as provided under Section 20 of the Act. The petitioner filed Crl.Misc.No.35/2014 before the Family Court, Dakshina Kannada, Mangalore, for enforcement of the said order. In the said case, the Family Court has directed notice to the 3 petitioner herein. The petitioner has filed this writ petition challenging the validity of the said order and also for quashing the entire proceedings in the said case.
2. I have heard the learned Counsel for the parties.
3. Section 12 of the Act provides for making an application to the Magistrate by an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person seeking one or more reliefs under the Act. Section 20 of the Act provides for grant of monetary reliefs to the applicant.
4. The Protection of Women from Domestic Violence Rules, 2006 ('Rules' for short) have been made under Section 37 of the Act by the Central Government for effectuating the purpose of the Act. Sub-rule (1) of Rule 6 states that every application of the aggrieve person under Section 12 shall be 4 in Form II or as nearly as possible thereto. Sub-rule (5) of Rule 6 states that the applications under Section 12 shall be dealt with and the orders enforced in the same manner laid down under Section 125 of the Code of Criminal Procedure, 1973.
5. Thus, sub-rule (5) of Rule 6 provides for enforcement of the order made by the Magistrate under different Sections of Chapter IV of the Act. It is clear that an application for enforcement of the order under sub-rule (5) of Rule 6 has to be filed before the same Court, which has passed the order under different Sections of the Chapter IV of the Act. However, when an application is made under sub-rule (5) of Rule 6 for enforcement of the order passed under different Sections of Chapter IV, the Magistrate has to enforce the orders in the same manner laid down under Section 125 of the Code of Criminal Procedure. This provision does not provide for filing of an application before the Family Court for enforcement of the order passed by the Magistrate. In my view, the Family Court, D.K., Mangalore, has no jurisdiction whatsoever to 5 entertain the petition filed by the respondent herein for enforcement of the order of the Magistrate passed under the provisions of the Act. The Family Court, therefore, was not justified in issuing notice to the petitioner in the said proceedings as it has no jurisdiction to entertain the petition.
6. In the result, the writ petition succeeds and it is accordingly allowed. The proceedings in Crl.Misc.No.35/2014 pending on the file of the Family Court, D.K., Mangalore, is hereby quashed reserving liberty to the respondent herein to make an appropriate application under Rule 6(5) of the Protection of Women from Domestic Violence Rules, 2006 before the same Court which has passed the order under Chapter IV of the Protection of Women from Domestic Violence Act, 2005. No costs.
Sd/-
JUDGE.
BMM/-